SATYA NARAYAN GUPTA Vs. AMARJI

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 23.7.1986 passed by the Judicial Magistrate, 1st Class, Ujjain, in Criminal Case No. 1058/ 88 thereby acquitting the accused-respondent of offence punishable under section 7/16 of the Prevention of Food Adulteration Act (for short, "the Act").

(2.) The prosecution case.was that on 3.4.1980. during the Simhastha fair at Ujjain the accused was found to be carrying 9 litres of cow milk in a cane. A sample of this milk was taken, which on analysis was found to be adulterated. The defence of the accused was that the said milk was collected by the villagers for being supplied to the Dutta Akhada, Ujjain, and that it was not meant or intended for sale. It was also his case that as many as three Food Inspectors had taken out samples from different canes on that very day.

(3.) On trial, the learned Magistrate acquitted the accused on the grounds of faulty method of taking sample, non-service of notice under section 13(2) of the As to the accused-respondent, thus depriving him of a valuable opportunity of getting the sample analysed by the Central Food Laboratory. His acquittal mainly rests on these grounds.